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ADAIR v. FINCH

No. 105-69.

421 F.2d 652 (1970)

Ruby ADAIR, Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Tenth Circuit.

January 29, 1970.

Attorney(s) appearing for the Case

Arthur H. Coleman, Santa Fe, N. M., for appellant.

Judith S. Seplowitz, Civil Div., Dept. of Justice, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Victor R. Ortega, U. S. Atty., Kathryn H. Baldwin and Michael C. Farrar, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

MURRAH, Chief Judge.

This appeal is from an Order of the District Court for the District of New Mexico granting defendant's Motion for Summary Judgment in a proceeding to review the Secretary's final decision that claimant, a divorced wife, is not entitled to wife's insurance benefits provided in the Social Security Act and particularly under 42 U.S.C. Section 402(b) (1) (D). Under this section of the Act a divorced wife may qualify for wife's insurance benefits if...

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